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Birther Defense Not Working for Army Doc Who Refused Afghan Duty

1 year ago
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So much for the "birther" defense. An Army judge turned down a request for President Obama to testify in the court martial of an Army doctor, Terrence Lakin, who refused to serve in Afghanistan because he first wanted proof that the president was born in the United States and therefore has authority to order his deployment.

Army Col. Denise Lind, presiding over a pretrial hearing, ruled that any evidence or witnesses involving Obama's citizenship was irrelevant to the charges against Lt. Col. Lakin, which include disobeying a lawful order and dereliction of duty, CNN said. Prosecutors have argued that -- apart from any question about the president -- Lakin, a surgeon, is in trouble because the officers ordering him to deploy were his legitimate superiors in the chain of command.
Army Lt. Col. Terrence Lakin, accused in
Lakin's lawyers say all military orders, at their root, come from the commander-in-chief, and "if the president is ineligible you need to know that," CNN said.

Lind's ruling at Fort Meade, Md., came after a report that retired Air Force Lt. Gen. Thomas McInerney had filed an affidavit on Lakin's behalf. McInerney argued that Lakin's demand for Obama's birth record was legitimate and "essential to determining not merely his guilt or innocence" but whether Obama's "service as commander-in-chief is constitutionally proper."

McInerney, a Fox News contributor, thus joined the birther argument, which maintains that Obama was not born in the U.S. -- which would make him ineligible to be president -- despite evidence to the contrary and repeated statements by Hawaiian authorities that his birth certificate is on file and in order.

If court-martialed, Lakin could face a dishonorable discharge and as many as two years in confinement. He could also forfeit his pay -- nearly $8,000 a month.

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22 Comments

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gistockstill

An interesting side note is that Kagan represented Obama on his citizenship lawsuits prior to her become a Supreme Court Justice? Kind of ironic, isn't it?

September 05 2010 at 10:00 PM Report abuse +2 rate up rate down Reply
squirtlesquirt33

@Philip One thing money can't buy you is a "way back" time machine so that you can post a birth announcement in the Hawaiian newpaper the day you were born.

September 04 2010 at 6:46 PM Report abuse +3 rate up rate down Reply
Philip

chief251a2:08 PM Sep 4, 2010 (0) vote this comment up (0) vote this comment down To become President, you MUST be born on American soil. I am American by birth but I am not eligible to become President because I was born in Germany. My parents were both native born American citizens living overseas in the service of the United States and my citizenship is derived from them, but I am not legally considered to be "native born". John McCain was born in the Canal Zone, which was legally US soil at the time. He is without doubt "native born". Obama, IF born in the state of Hawaii, is native born under the law. If born in Indonesia (or Kenya), he is American by "dint" of his American mother but not - NOT - native born under the laws governing who may become President. I personally have no opinion either way - with enough money, you could "prove" that George Washington was a Martian! And - both major political machines have that much money and both are sufficiently corrupt to try. But exactly where Obama was born DOES MATTER! And I do believe that his birthplace should be determined beyond a shadow of a doubt.'''''''''''''''' WRONG, first McCain was born outside the Zone. 2nd you could run. it states ((Natural Born)) meaning naturalized like Arnold can Not run...but to be Natural born only require s 1 Parent be citizen at time of Birth. so even though McCain was foreign born he can run

September 04 2010 at 3:15 PM Report abuse rate up rate down Reply
tombartho

Considering all the challanges to Obama's birth and qualification to hold office by much higher courts than this, I think that would be presedent enough and considered a fact. When a presedent is set by a court decision, subsequent cases that cite that presedent don't require all the evedence that was considered in making the initial decision. This is no different. Believe me, President Obama is not my President of choice, but as a US citizen and a military retiree, just like all others, he is my President and will remain so until replaced. If you don't like it, get over it and work on getting your canadate of choice in office in 2012.

September 04 2010 at 1:59 PM Report abuse +2 rate up rate down Reply
virtualeman

Wow. I posted a quote of Hawaiian law which describes the difference between a Certification of Live Birth, and its Certificate of Live Birth. Apparently, that isn't allowed here, because it hasn't shown up, though others' posts subsequent to mine have.

September 04 2010 at 1:22 PM Report abuse +3 rate up rate down Reply
Pat

That's just silly.Civil courts have penalties for frivilous cases. I hope this court does as well.

September 04 2010 at 12:35 PM Report abuse +3 rate up rate down Reply
1 reply to Pat's comment
gistockstill

E. Kagan has represented him, prior to her becoming the Supreme Court Justice, so that she can vote on them???

September 05 2010 at 10:04 PM Report abuse rate up rate down Reply
maryfrommanteo

Boy, the "hate-mongers" are really digging hard to try to discredit the Prez. Why not look at the big picture: He is a man. The Congress consists of men and women. All together they are a big part of our government. Most of it. But one person alone cannot do or cause all the ills attributed to this one man by so many, led, I gather, by FOX. Think, people. One man.

September 04 2010 at 12:15 PM Report abuse +2 rate up rate down Reply
1 reply to maryfrommanteo's comment
squirtlesquirt33

I agree. There was a man in FL, recently, that the Secret Service had to look into, because he made comments about Obama being responsible for all his problems (his loss of work, his losing his house, etc.). Don't people realize this is insanity? First of all, if you are going to blame any one person, it would be more logically, Bush. But, like you said--it would be more than Bush--it would be his administration and those who went along with all the tax cuts for the rich (that put us in a hole), the two wars (which put us deeper and deeper in that hole). Eight years of failed policies, against less than two years of Obama trying to resolve all the problems the previous administration created for the American people, and being obstructed by Republicans every step of the way. The people who hate Obama so much need to open their eyes to the fact that the GOP do not want anything to get better while Obama and the Dems are in power because it would make them look bad and useless. They might lose their jobs--screw yours, they don't care that you can't find a job, pay your mortgage, run out of unemployment! They don't care about Americans that are suffering right now. They are only looking to get their party in power in Nov. and in 2012. Why would anyone want to vote for a party such as that?

September 04 2010 at 7:00 PM Report abuse +1 rate up rate down Reply
PJ

Since when does the Chain-of-Command EVER stop at the Pentagon? The Pentagon is the organizational head of the Military, but the people who run the Pentagon take their orders from our duly elected “civilian” President. The Pentagon has no authority to act without this civilian leadership. If Judge Lind continues to stonewall and push the Court into believing the Pentagon, not the President has the final Chain-of-Command authority to issue orders then Judge Lind herself should have no authority to prosecute.

September 04 2010 at 11:25 AM Report abuse rate up rate down Reply
jennygerms21

Here's the thing...I'm pretty sure when you run for president that your qualifications are checked pretty thoroughly, like any high level government office. I really don't think he would have ever been allowed to run if he could not prove beyond a shadow of a doubt that he met the constitutional requirements. Besides, he's shown his birth certificate, end of story. Also, I could be wrong, but I think his mom was a citizen when he was born. That being the case, it doesn't matter where he was born, he was born a citizen through her. If people have a problem with his policies, then they should attack those. This inane argument about his status just takes focus off of the real issues.

September 04 2010 at 10:34 AM Report abuse +3 rate up rate down Reply
Ricky

He should have his medical license revoked permanently, period.

September 04 2010 at 8:24 AM Report abuse +4 rate up rate down Reply

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